U.S. District Sam Cummings dismissed Nelson's complaint because he failed to pay court costs or ask for permission to file suit without paying. Cummings notified Nelson twice before dismissing the case.

Nelson's complaint named Texas Tech Medical at 8602 Peach St. in Lubbock. The address is for the Texas Department of Criminal Justice's Montford Unit, where Nelson was confined for two days after the incident.

Officials with the Smith Unit prison in Lamesa brought Nelson to UMC Jan. 3 for treatment of internal bleeding. He is accused of brandishing a fake gun and raping two women he held hostage inside a treatment room.